(A) Any work to construct a driveway that will be accomplished within the right-of-way of any road under the jurisdiction of the Village of Pinckney requires a permit as set forth in § 92.04. A plot plan shall be attached to the application and the location of the property corners and proposed driveway approach must be clearly staked. All driveways must be constructed in accordance with the Village Technical Standards.
(B) All pre-existing driveways that are to be resurfaced or paved shall comply with this section.
(C) The property owner or his/her authorized agent shall maintain in perpetuity all conditions set forth in the permit.
(D) The property owner or his/her authorized agent shall undertake all necessary precautions to prevent injury or damages to persons and property from operations covered by the permit and shall use warning signs and safety devices which are in accordance with the current MMUTCD requirements.
(E) In the event of a failure to comply with the terms and conditions of any permit issued in accordance with these rules or failure to obtain an appropriate permit, the village shall have the right to halt such activity until such time that adequate compliance is made. All costs incurred by the village in correcting the following shall be borne by the property owner or his/her authorized agent:
(1) A failure to comply with the conditions and standards of a permit;
(2) A failure to obtain a permit;
(3) Defective workmanship or materials.
(F) Driveway approach: application, permit and inspection procedures.
(1) A property owner or his/her authorized agent shall complete an application for authorization to construct utilities, excavate, or perform work in village streets or right-of-way as set forth in § 92.04 to apply for a street right-of-way permit and include a plot plan.
(2) Fees associated with the application, permit and inspection activities will be included in the fee schedule and indicated on the application form. All fees are due when the application is submitted to the village. The village may also require security as provided in the fee schedule to secure the cost of restoring the disturbed portion of the public street right-of-way to a safe and acceptable level. Upon submittal of the application and fees, the applicant will be issued a receipt, and the Village Zoning Administrator will schedule an initial field inspection.
(3) The receipt issued to the applicant will designate an application number and anticipated completion date of the initial field inspection. The applicant will be responsible for contacting the village on or after the date indicated on the receipt for a full status of the initial field inspection. The Village Engineer or qualified Village Agent will conduct the initial field inspection and determine if, in their opinion, the approach standards can be met.
(4) If any of the approach standards cannot be met, the applicant will be advised about the deficiencies. All deficiencies must be corrected to the satisfaction of the Village Zoning Administrator or qualified Village Agent prior to issuance of a street right-of-way permit and in some instances, plans may be submitted, or previously submitted plans may be revised, to indicate proposed corrections. However, the Village Zoning Administrator or qualified Village Agent may require the applicant, or the applicant may prefer to correct the deficiencies under the terms of an interim permit. All of the conditions of the interim permit must be completed, and verified by an interim inspection, prior to issuance of a street right-of-way permit.
(5) If all of the approach standards can be satisfied, the applicant will be issued a street right-of-way permit. Any additional costs incurred by the village, not covered by fees submitted during application, are due at this time. The county building department, prior to their issuance of a building permit, may require a copy of the street right-of-way permit and/or soil erosion and sedimentation control permit.
(6) The permittee will be responsible for completing all items of construction set forth in the street right-of-way permit prior to the expiration date on the permit. Once completed, the permittee will be responsible for notifying the village so that a compliance inspection can be scheduled. Failure to notify the village by the expiration date may result in revocation of the permit and removal (without notice) of any portion of the approach within the public street right-of-way.
(7) Upon satisfactory completion of the approach, verified by a compliance inspection, the village will issue a compliance report to the permittee indicating compliance. If the approach is determined to be in noncompliance, it will be so noted on the compliance report. Items of noncompliance are to be corrected by the permit holder within a reasonable time period, or the permit and approach are subject to revocation and removal, with the permit holder responsible for all costs incurred by the village.
(8) The county building department, prior to their issuance of a certificate of occupancy may require a compliance report indicating satisfactory completion.
(G) Driveway approach definition.
(1) A driveway approach for the purpose of serving the residents of one single-family dwelling shall be defined as a residential driveway approach.
(2) A driveway approach for the purpose of serving any property other than one single family dwelling shall be defined as a commercial driveway approach.
(Ord. 155, passed 1-11-2021)